K S VIJAYALAKSHMI Vs. TAHSILDAR PALAKKAD

JUDGEMENT

(1.) These three Writ Appeals have much in common and, therefore, they are disposed of by this judgment to cover each one of them.

(2.) Alleging that on the basis of false certificates, one K. R. Shanmugha Sundaram obtained benefits intended for Scheduled Tribes, action was taken against appellants, who are his siblings. There has been determination by Kerala Institute for Research, Training and Development Studies of Scheduled Castes and Scheduled Tribes (hereinafter referred to as 'KIRTADS') and officials of Government, which has led to initiation of action by employers of appellants. In a nutshell, stand of the parties is as follows: Shanmugha Sundaram was originally a resident of Coimbatore, but, about five decades back, migrated to Kerala and started living here. He was residing at Palakkad. He obtained a certificate sometime in 1956 purported to have been issued by Tahsildar, Coimbatore showing that he belonged to 'Kattunayakan' community, which is a Scheduled Tribe as notified under Art.342 of Constitution of India, 1950 (in short 'Constitution') by Presidential order. On that basis, Shanmugha Sundaram got a job in the Customs Department of Government of India. His children also claimed to be members of Scheduled Tribe and prosecuted studies on the basis of seats reserved for Scheduled Tribes and got employment also on that basis. A doubt was raised about correctness of the certificate purported to have been issued by Tahsildar, Coimbatore and actual caste of Shanmugha Sundaram. Therefore, enquiries were conducted. An adjudication was made on 6.7.1987 by KIRTADS which, inter alia, held that community status claimed by appellants and others of their family is false. Before the Original Petitions, judgments in which are under challenge in the present Writ Appeals, Original Petitions were filed earlier. O.P.No. 5977 of 1986 was filed by appellant K. S. Gokul, which was heard along with O. P. No. 7567 of 1989 filed by appellants K. S. Gokul, K. S. Rekha and K. S. Deepa and O.P.No. 4428 of 1989 filed by appellant K. S. Deepa. Adjudication was nullified by this Court by common order dated 6.9.1991 on the ground that before adjudication, due notice was not given to affected persons. There has been fresh adjudication by Tahsildar, Palakkad and KIRTADS in respect of all appellants. It was concluded that neither appellants nor their father belong to Kattunayakan community, which was a Scheduled Tribe. Said order was assailed before this Court in three Original Petitions bearing Nos. 1670 of 1989, 4736 of 1989 and 31 of 1992. By a common judgment dated 19.3.1996, they were dismissed holding that petitioners therein have not established that they belong to Scheduled Tribe and on the contrary, materials on record clearly establish that the foundation of their claim was based on a forged document. Said conclusions are challenged in these Writ Appeals. Certain enquiries conducted pursuant to directions given by this Court during pendency of the O. Ps. need to be noted. The first enquiry which was conducted by KIRTADS culminated in his report dated 6.7.1987. In O. P. 1670 of 1989, by order in CMP 5379 of 1989, an enquiry was directed to be conducted by Tahsildar, Palakkad. In his order pursuant to direction of this Court, Tahsildar found that appellants do not belong to Scheduled Tribe. Same was subject matter of challenge in O. P. 7569 of 1989 and O. P. 31 of 1992. As in the earlier O. Ps. (ie., O. P. 5979 of 1986, 4428 of 1989 and 7567 of 1989), this Court observed that children of Shanmugha Sundaram did not get separate notices. Therefore, Tahsildar was directed to conduct enquiry into the caste status after issuing separate notices. Same was done and by order dated 9.12.1991, Tahsildar held that appellants do not belong to Scheduled Tribe community.

(3.) Learned counsel for appellants submitted that the certificate issued by Tahsildar, Coimbatore is a genuine one. Plea raised against it was based on a mere suspicion that the same was obtained fraudulently and action was initiated. No authority in the State has declared the certificate to be invalid and, therefore, it continues to be operative till now. Materials which weighed with authorities are not germane to the subject matter of dispute and the position has remained undisturbed for nearly five decades and suddenly action cannot be taken to deprive appellants the benefits to which they are legally entitled to. It is pleaded that due and appropriate opportunity has not been granted to them to place materials in support of their positive stand. Additionally, it is submitted that they had rendered services in different capacities for very long time and it would be inequitable to deprive them of the benefits and more so with retrospective operation. Learned counsel for State, on the other hand, submitted that elaborate analysis of factual position has been made by authorities and factual findings have been recorded to the effect that neither appellants nor their father belong to a Scheduled Tribe. The so called certificate issued by Tahsildar, Coimbatore is not a genuine document and in this regard authorities have recorded a finding based on materials. Question of any authority in Kerala declaring this document to be invalid does not arise because the certificate was purported to have been issued by an authority beyond the jurisdiction of Kerala. Appellants have usurped the benefits which were meant for under privileged people and are intended to be taken back to be given to the rightful claimants. Employers of appellants have taken a stand that they were acting on the basis of adjudication made by authorities and, therefore, there is nothing wrong in their initiating action. Further, appellants have not questioned the show cause notice and this Court has rightly refused to entertain the applications.